(a) Upon a complaint of person filed within 90 days of any violation of this subchapter, the Commissioner shall determine whether such complaint is reasonably founded. If the Commissioner determines that such complaint is reasonably founded, or if the Commissioner otherwise has reason to believe that an insurer, agent or broker has engaged in practices which violate this subchapter and that a proceeding in respect thereto would be in the public interest, the Commissioner shall set a date for a public hearing to determine whether a violation of this subchapter has in fact occurred. Such hearing shall be held upon no less than 10 days’ notice to the person charged and the complainant, if any. Such notice shall set forth the specified grounds upon which the complaint is based. If a hearing is based upon a complaint, the hearing shall be set no later than 30 days from the date the complaint was filed. The hearing shall take place before a hearing examiner who shall make a record of the evidence and set forth findings and conclusions. Once a prima facie violation of this subchapter has been established, the person charged in the complaint shall have the burden of showing that such violation was based on a reason not prohibited by this subchapter. The findings of fact determined by the hearing examiner shall be reviewed by the Commissioner who shall issue a final order. A petition for hearing may be filed within 30 days of the final order of the Commissioner.
(b) If the Commissioner determines in a final order that:
(1) An insurer has violated §§ 4123 and 4124 of this title, the Commissioner may require the insurer to:
a. Accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated; or
b. Reinstate insurance coverage to the end of the policy period; or
c. Continue insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated.
(2) Any person has violated this subchapter, the Commissioner may:
a. Issue a cease and desist order to restrain such person from engaging in practices which violate this subchapter; or
b. Assess a penalty against such person of up to $500 for each violation of this subchapter.
65 Del. Laws, c. 199, § 1.
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